Originally Posted by
dhuey
According to the circuit court decision I read, the Lanham Act, which includes the trademark laws, does not apply to the federal goverment. Eminent Domain, or the aquisition or use of another's property under the Takings Clause, would thus not apply. Under this reasoning, to the extent that a trademark is a property right, it is legally defined not to include rights against the federal goverment.
That's nice to know, but the government wins anyway under the doctrine of sovereign immunity.
Last edited by Landing Gear; Jun 16, 2007 at 9:13 pm
Reason: typo corrected